Relates to dispositions in family offense cases and orders of protection against a child under eighteen alleged to be a person in need of supervision or to have committed a family offense; provides that no order of protection or temporary order of protection may be issued directing a respondent who resides with a parent, other person legally responsible or other party to stay away from the home of such individual if the effect of such order would leave the respondent without an appropriate alternative residence; relates to the right of a respondent under the age of eighteen to have a guardian ad litem appointed in a family offense proceeding in which the petitioner is a parent or other person legally responsible for the respondent.
Summary
This bill amends the Family Court Act to change how family offense cases are handled when the respondent is a child under 18, especially when the petitioner is a parent or other person legally responsible for the child. It requires the court to advise an under-18 respondent of the right to counsel and, where appropriate, the right to have a guardian ad litem appointed. It also authorizes the court to substitute a petition alleging that the child is a person in need of supervision (PINS) in certain cases, and requires that substitution when a parent files against a child under 12 at the first court appearance.
The bill also changes available dispositions and protective orders in family offense proceedings. It permits courts to require batterer's education programs, with possible referrals to drug and alcohol counseling and mental health counseling, and clarifies that program costs may be imposed only if the respondent has the means to pay. In addition, it limits orders of protection that would exclude a child respondent from a home shared with a parent or other responsible adult if doing so would leave the child without an appropriate alternative residence. The bill applies similar housing-protection limits in section 842 and takes effect 120 days after becoming law.
Impact
The bill would amend multiple sections of the New York Family Court Act, including sections 759, 821-a, 841, and 842. Its practical effect is to add procedural protections for minors in family offense proceedings, expand court discretion to convert certain family offense matters into PINS proceedings, and restrict the issuance of stay-away orders that would make a child respondent homeless or otherwise lack a suitable alternative placement. It also broadens the range of rehabilitative conditions a court may impose, including batterer's education and related counseling referrals.
Sentiment
Based on the bill text and the absence of recorded votes or committee transcripts, the available context suggests a generally protective and remedial approach rather than a controversial punitive one. The measure appears aimed at balancing family safety with child welfare, due process, and housing stability for minors. Because no discussion excerpts or vote history are provided, there is no documented public sentiment to indicate support or opposition beyond the policy choices reflected in the bill itself.
Contention
The main point of potential contention is the bill’s limitation on orders of protection that would exclude a child from the home when no alternative residence is available. Supporters would likely view this as necessary to avoid displacing minors and to ensure appropriate placement review, while critics could argue it may reduce immediate protections for petitioners seeking safety in the home. Another possible issue is the expanded use of PINS substitution and the appointment of guardians ad litem, which may raise questions about court workload, procedural complexity, and how best to classify and respond to youth family-offense conduct.
Relates to orders of protection where the respondent is a minor who resides with a parent or other legally responsible person or other party; prohibits courts from issuing an order of protection that directs a minor respondent to stay away from the home of a parent or other person legally responsible for the respondent if the respondent would not have an appropriate alternative residence; provides that such a respondent shall have the right to have a guardian ad litem appointed, if appropriate; authorizes suspended judgment in certain cases provided that the respondent participate in a batterer's education program.
Relates to orders of protection where the respondent is a minor who resides with a parent or other legally responsible person or other party; prohibits courts from issuing an order of protection that directs a minor respondent to stay away from the home of a parent or other person legally responsible for the respondent if the respondent would not have an appropriate alternative residence; provides that such a respondent shall have the right to have a guardian ad litem appointed, if appropriate; authorizes suspended judgment in certain cases provided that the respondent participate in a batterer's education program.
Allows orders of protection to be issued for persons where one such person is the spouse or intimate partner of such other person's former spouse or former intimate partner.
Relates to the issuance of arrest warrants upon a youth who is still in high school; provides for the police officer to make a reasonable effort to notify the parent or other person legally responsible for the care of such youth or with whom the youth is domiciled that the youth has been arrested; provides that the police officer need not notify the parent or other person legally responsible when such youth is not also a juvenile offender and the notification would endanger the health and safety of such youth; amends provisions relating to sexually exploited children to include persons under the age of nineteen.
Relates to the issuance of arrest warrants upon a youth who is still in high school; provides for the police officer to make a reasonable effort to notify the parent or other person legally responsible for the care of such youth or with whom the youth is domiciled that the youth has been arrested; provides that the police officer need not notify the parent or other person legally responsible when such youth is not also a juvenile offender and the notification would endanger the health and safety of such youth; amends provisions relating to sexually exploited children to include persons under the age of nineteen.